Extract
Tonkawa Refining Co., 619 (1969)
TONKAWA REFINING CO. 619
Tonkawa Refining Co . and Local 351, International Union of Operating Engineers, AFL-CIO. Cases 16-CA-3234 and 16-RC-4800April 28, 1969DECISION, ORDER, AND DIRECTION OF SECOND ELECTIONBY CHAIRMAN MCCULLOCH AND MEMBERSBROWN AND JENKINSOn November 19, 1968, Trial Examiner Sydney S. Asher, Jr., issued his Decision and Report on Objections in the above-entitled consolidated proceedings, finding, in Case 16-CA-3234, that Respondent had engaged in and was engaging in certain unfair labor practices and recommending that it cease and desist therefrom and take certain affirmative action, as set forth in the attached Trial Examiner's Decision. He further found that Respondent had not engaged in certain other unfair labor practices alleged in the complaint. The Trial Examiner also found merit in certain of the Union's objections to the election in Case 16-RC-4800, and recommended that the election be set aside and a new election conducted. Thereafter, Respondent filed exceptions to the Trial Examiner's Decision and a supporting brief.Pursuant to the provisions of Section 3(b) of the National Labor Relations Act, as amended, the National Labor Relations Board has delegated its powers in connection with these cases to a three-member panel.The Board had reviewed the rulings of the Trial Examiner made at the hearing and finds that no prejudicial error was committed. The rulings are hereby affirmed. The Board had considered the Trial Examiner's Decision and Report on Objections, the exceptions and the brief, and the entire record in these cases, and hereby adopts the findings,' conclusions,' and recommendations of the Trial Examiner, as modified herein.1. The Trial Examiner found that a remark made by Assistant Superintendent Campbell to employee Barton violated Section 8(a)(1) of the Act. In so concluding, the Trial Examiner thought it unnecessary to determine which of two conflicting vers...See the full content of this document
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